Accused will pay Rs 2 lakh to witness to travel from Australia

NT Correspondent

Bengaluru: Two accused in a criminal case will pay Rs 2 lakh to bring a witness from Australia to depose before the Trial Court in Bengaluru. The High Court has directed them to deposit the amount in the Trial Court. As and when the witnesses comes to India and attends the trial, the amount will be released to him, the HC said. The accused were unable to examine the witness when he was in India.

Since he is in Australia now, the accused have to pay for his travel and compensate for her lost earnings, the HC said. “The petitioners having failed to avail the opportunity at the earliest point in time, are bound to meet the cost of travel of the witness and also his stay in Bengaluru and also compensate him for the loss of his earning in Australia,” the HC said.

The HC allowed the recall of the witness in the kidnapping case faced by Kavithan and Senthilkumar. The case is pending before the LIX Additional City Civil and Sessions Judge since 2016. They had sought for the recall of a witness who is now working in Australia. The HC said that should be granted the opportunity.

“As rightly contended by the learned counsel for the petitioners, the petitioners cannot be condemned unheard and an opportunity deserves to be granted to them to cross examine PW-W, having regard to the punitive consequences that may follow,” it said. The HC also issued directions to the police to secure the witness.

“The Jurisdictional Police shall make appropriate enquiries with PW-1 and PW-2 (other witnesses) and secure his presence before the Court for that purpose, the Jurisdictional Police is entitled to issue appropriate notice to PW-3 to appear before the Court and if he fails to do so, appropriate directions would be issued in the immigration authorities to restrain him from going out of the Country, if he ever enters India,” Justice R Nataraj said in his judgment. The witness will get to keep the money if he attends trial. “It is needless to mention that the Trial Court shall release the sum of Rs.2,00,000 to PW-3 whenever he appears before the Court.

However, if PW-3 is residing in India, the petitioners shall deposit only a sum of Rs.50,000, which shall be released to him on his appearance before the Trial Court. If PW-3 fails to appear before the Court when required, the Jurisdictional Police is directed to make a request before Immigration Authorities not to permit him to leave India, if he ever enters Indian territory,” the HC ordered.